Fees and Costs.
XXXVII. Section XVI of the Principal Ordinance is hereby Repeal.
where
repealed.
XXXVIII. If any Action, Suit or Proceeding which might have Consequences been tried and determined by the Court shall have been commenced of not in the Supreme Court, the Plaintiff if successful shall not be entitled Proceeding in by Reason thereof to any Costs unless the Chief Justice shall the Court certify that the Case was a fit and proper one to be commenced in practicable. the Supreme Court; and in Case the Chief Justice shall certify that the Case was not a fit and proper one to be commenced in the Supreme Court, the Defendant if successful shall have double Costs to be recoverable in the same Manner as other Costs: Pro- Proviso. vided that nothing herein contained shall affect the Discretion of the Chief Justice as to Costs in Cases where the same do not follow the Event.
XXXIX. The Provisions of the last preceding Section shall not Section apply to Proceedings commenced in the Supreme Court by the pot to apply Attorney General on Behalf of the Crown.
to Proceedings by the Crown.
XL. In all Actions in which the Sum in Dispute shall exceed Feos of Court. Five hundred Dollars such of the Fees of Court specified in Schedule No. 2 of the Principal Ordinance, as are of fixed Amount shall be doubled and such of them as are on a progressive Scale, shall be increased by One Dollar for every One hundred Dollars or part of One hundred Dollars in Disputé above Five hundred Dollars.
XLI. No Fees of Counsel other than those specified in the First Counsel's Fees. Schedule hereto shall be recoverable between Party and Party nor
in the Absence of a special Agreement between Attorney and
Client.
XLII. So much of Schedule No. 2 of the Principal Ordinance Attorney's as relates to the Fees of Attorneys is hereby repealed and in lien Fees. thereof the Scale specified in the First Schedule hereto shall be
adopted.
XLIII. The Bailiff's Fees in Proceedings in which the Sum in Bailiff's Fees. Dispute shall exceed Five hundred Dollars shall be the same as
provided by Schedule No. 2 of the Principal Ordinance.
XLIV. The Provisions of the Principal Ordinance, and of this Costs in Ordinance as to Costs, shall apply to Actions brought by the Crown Suita. Colonial Treasurer under Ordinance No. 9 of 1869 or by any Public Officer under Section in the same Manner as to Actions between private Parties, and in every Case in which such Costs shall be decreed against the Colonial Treasurer or such Public Officer, the same shall be paid by the Crown, and it shall be lawful for the Colonial Treasurer and he is hereby required to satisfy the same out of any public Monies for the Time being in his Custody.
of
Fee of Court and of
XLV. The Judge may from Time to Time by any Rule or Order Power to vary the Fees of Court and the Bailiff's Fees chargeable under Judge to vary' Section XVIII of the Principal Ordinance or under Section this Ordinance and also the Fees of Counsel and of Attornies Counsel and specified in the First Schedule hereto and likewise may regulate Attornies. the Amount of any Fees of Court for which no Scale is provided.
XLVI. In Case any Question or Controversy shall arise in Relation Question to the Fees payable to any Counsel or Attorney in any Proceeding arising as to before the Court, such Question or Controversy whether it relates to be to the Amount of such Fees or turn upon any other Point, shall the Judge. be summarily and finally determined by the Judge.
Miscellaneous.
determined by
XLVII. The Order of the Court under which any Property at- Discharge of tached in the Hands of a Garnishee under Section
of this Ordinance shall be applied in Satisfaction of a Judgment
and Sections Garnishee
parting with
under Order
shall be a complete Bar to any Proceedings instituted against the Property Garnishee to recover the same by any Person whomsoever, but of the Court. all Persons claiming au Interest in the Property attached may appear before the Court for the Purpose of opposing the making of such Order or of protecting their Rights in or to such Property. And such Order shall be no Bar to any Proceedings instituted by such Persons against the Plaintiff or Judgment Creditor into whose Hands such Property shall have passed thereunder, to recover the same or any Part thereof, unless such Persons at the Time of the making of such Order had Notice of the Attachment.
XLVIII. In all Cases where the Signature of the Judge to Writs, Signature of Precepts, Orders, Certificates, and other Instruments issuing from Judge to the Court, may now be required the same may be dispensed with recepte, &c., if the Instrument purport to be signed by the Clerk of the Court) no longer in the Name and by Order of the Judge and is stamped with the Seal of the Court.
required.
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